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  • Question

    My question is, under FAR 16.501-1, Delivery and Task orders do not procure or specify a firm quantity of supplies or services. That being the case, is a bilateral modification necessary?


    Answer

    FAR 16.501-1 -- Definitions. As used in this subpart --

    “Delivery-order contract” means a contract for supplies that does not procure or specify a firm quantity of supplies (other than a minimum or maximum quantity) and that provides for the issuance of orders for the delivery of supplies during the period of the contract.

    “Task-order contract” means a contract for services that does not procure or specify a firm quantity of services (other than a minimum or maximum quantity) and that provides for the issuance of orders for the performance of tasks during the period of the contract.

    As shown above the FAR cite defines delivery and task-order contracts not the actual orders under those contracts.  If you are going to change the maximum or minimun quantities stated in the contract, you must do a bilateral modification (provided you clear any scope hurdles).  For you to issue a delivery or task order under your contract, you must have a firm quantity of supplies or services specified.  The actual delivery order or task order is not a modification.

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